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HomeMy WebLinkAbout031813mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 18, 2013 The Harnett County Board of Commissioners met in regular session on Monday, March 18, 2013, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chaiiman Gary House, Vice Chaiiuian Beatrice B. Hill, Commissioner Joe Miller, Commissioner C. Gordon Springle, Commissioner Joseph Jeffries, Interim County Manager Tony Wilder, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Deputy Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman Burgin called the meeting to order at 7:00 pm. Boy Scout Troop 157 of Erwin led the pledge of allegiance and Commissioner Hill gave the invocation. Commissioner Hill moved to appoint Tommy Burns as the Harnett County Manager, starting April 15, 2013, at a salary of $115,000 per year. Commissioner Miller seconded the motion which passed unanimously. Commissioner Miller moved to appoint Joseph Jeffries as Deputy County Manager /Director of Planning Services at a salary of $98,388 per year. Commissioner Hill seconded the motion which passed unanimously. Chairman Burgin thanked Mr. Jeffries for the fine job he did as interim county manager and noted they are looking forward to working with him as Deputy County Manager. Chaiiinan Burgin thanked Tony Wilder for the services he has and will continue to provide to the county as Deputy County Manager and Tax Administrator. Chairman Burgin said they are very excited about Mr. Burns coming to work with Harnett County and he believes this is a great leadership team. Chairman Burgin called for additions and deletions to the published agenda. Vice Chairman House moved to approve the agenda as published. Commissioner Springle seconded the motion which passed unanimously. March 18, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 7 Commissioner Springle moved to approve the items listed on the consent agenda. Commissioner Miller seconded the motion which passed unanimously. 1. Minutes: March 4, 2013, Regular Meeting 2. Budget Amendments: 277 WIA Youth Program Code 234 - 7406 - 465.58 -14 234 - 7406 - 465.44 -21 234 - 7406 - 465.41 -11 234 -7406- 465.35 -26 234 - 7408 - 465.35 -26 234 - 7408 - 465.44 -21 234 - 0000 - 331.74 -06 234 - 0000 - 331.74 -08 Travel Building & Equipment Rent Telephone & Postage Other Participant Cost Other Participant Cost Building & Equipment Rent Sampson In- School Sampson Out - School 289 Teen Court at Risk Youth Code 110- 0000 - 334.73 -24 Teen Court 110- 0000 - 331.41 -02 Court Psychologist 291 Social Services Department Code 110- 7710 - 441.80 -92 LIEAP 110- 7710- 441.80 -25 110- 7710 - 441.80 -65 110- 7710 - 441.80 -70 110- 0000 - 330.77 -01 110- 0000 - 330.77 -08 110- 0000 - 330.77 -03 110- 0000 - 334.77 -02 110- 0000 - 399.00 -00 294 Highland Middle School Code 331 - 8300 - 480.45 -01 331 -8300- 480.45 -30 331- 8300 - 480.45 -40 331- 8300 - 480.45 -44 331- 8300 - 480.45 -74 331- 8300 - 480.45 -80 331- 8300 - 480.47 -30 331- 8300 - 480.47 -36 331 - 8300 - 480.47 -39 331- 8300 - 480.47 -40 331- 8300 - 480.47 -41 331- 8300 - 480.47 -44 Medical Transportation Title IV -E Foster Care State Foster Care R & B Social Services Administration Medical Transportation Foster Care IV -E Foster Care SFHF Fund Balance Appropriated Project CP1301 Construction Engineering Land & Right Way Furniture & Fixtures Capital Outlay Contingency General Contract Design A &E Land Surveying Geotechnical Wetland Delineation Environmental 149 decrease 500 decrease 31 decrease 875 increase 775 decrease 580 increase 195 increase 195 decrease 1,500 increase 1,500 decrease 1 18,380 increase 100,000 increase 144,000 increase 127,000 increase 118,380 increase 100,000 increase 118,080 increase 63,500 increase 89,420 increase 21,954,588 decrease 1,298,000 decrease 1,059,417 decrease 3,010,389 decrease 940,000 decrease 1,659,479 decrease 21,954,588 increase 1,298,000 increase 30,000 increase 70,000 increase 3,600 increase 2,400 increase March 18, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 7 294 Highland Middle Code 331- 8300 -480. 331 -8300 -480. 331 - 8300 -480. 331 -8300 -480. 331 - 8300 -480. 331- 8300 -480. 331 - 8300 -480. 331 - 8300 -480. School Project CP1301 continued 47 -46 Material Testing 47 -49 Land Acquisition 47 -53 Commissioning 47 -54 Furniture 47 -55 Technology & Com 47 -58 Buses 47 -61 Kitchen Material 47 -62 Contingency 296 Sheriff's Office Code 110 -5100- 420.32 -27 Drug Program 110 -0000- 389.43 -22 Interfund Transfer — Asset Forfeiture 298 Sheriffs Office Code 110 -5100- 420.43 -21 Maintenance & Repair Auto 110- 0000 - 356.30 -00 Insurance Claims 73,417 increase 810,000 increase 70,000 increase 1,759,008 increase 1,211,381 increase 940,000 increase 40,000 increase 1,659,479 increase 300 Emergency Medical Services Code 110 -5400- 420.35 -72 ASPR 2012 (Wake Med) 110- 0000 - 353.54 -10 Contributions — ASPR 2012 (Wake Med) 302 Sheriff's Office Code 110 -5100- 420.58 -14 110- 0000 - 389.43 -22 306 Public Utilities PU0704 Code 568- 9100 - 431.33 -48 568 -9100- 431.45 -33 568- 9100 - 431.45 -80 308 Sheriff's Office Code 251 -5100- 420.90 -10 251- 0000 - 336.16 -01 310 Sheriff's Office Code 251 -5100- 420.90 -10 251 -0000- 336.16 -01 311 Sheriffs Office Code 251 -5100- 420.90 -10 251- 0000 - 336.16 -01 Travel — Administration Interfund Transfer — Asset Forfeiture Ft Bragg W &WW American Water Materials & Supplies Contingency Interfund Transfer — General Fund Drug Seizures — County Interfund Transfer — General Fund Drug Seizures — County Interfund Transfer — General Fund Drug Seizures — County 5,607 increase 5.607 increase 1,329 increase 1,329 increase 48,059 increase 48,059 increase 386 increase 386 increase 480,000 decrease 260,000 increase 220,000 increase 10 increase 10 increase 5,607 increase 5,607 increase 386 increase 386 increase March 18, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 7 312 Board of Elections Code 110- 4300 - 410.12 -00 Salaries & Wages Part-time 110- 4300 - 410.54 -26 Advertising 3. Tax refunds, rebates and releases (Attachment 1) 1,500 increase 1,500 decrease 4. Resolution to delay Harnett County's Revaluation Schedule from January 1, 2015 to January 1, 2017. (Attachment 2) 5. Planning Department requested approval of a revised agreement between the Town of Erwin and Harnett County to allow Harnett County Building Inspections to perfoim inspection services for the Town of Erwin. 6. Emergency Services requested authorization to accept the award from NC Department of Crime Control and Public Safety Division of Emergency Management in the amount of $13,976.17. This is a federal grant administered by the State that is available to local governments to assist in cost of developing and maintaining a comprehensive emergency management program. 7. Emergency Services requested authorization to receive funds from the FY2012 ASPR Grant administered through the WakeMed Trauma CapRac in the amount of $48,059. These funds will be used to purchase Western Shelter Tent with HVAC and Generator; and a Trailer to transport the tent and equipment. These items will be used in times of disaster. No County matching funds required and this grant will be a reimbursable grant. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Mr. Paul Long of 601 Old Buies Creek Road in Lillington said he understands that a letter was sent to the NC DPI for charter schools on county letterhead from one of the commissioners. He said he also understands that the commissioners had not voted, discussed or studied this issue and therefore he believes the letter broke the bond of the harmony that the Board should have. Patrick Flowers of 33 Shady Grove Road in Spring Lake said he would like to see the Harnett County Speedway; a place of historical value where Herb Thomas raced 60 years ago, put in the historical books of Harnett County. Joe Langley, 298 Kirk Adams Road, said he still hopes to get the timeline he has requested. March 18, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 7 Commissioner Springle moved to approve the appointments listed below. Commissioner Hill seconded the motion which passed unanimously. BOARD OF EQUALIZATION AND REVIEW Robert Doberstein, Howard Penny, Jr., and Carrell Robinson (nominated by Commissioner Hill) were reappointed to serve on this Board for a term of two years expiring February 28, 2015. TOWN OF ERWIN — PLANNING /BOARD OF ADJUSTMENTS ETJ MEMBERS William L. Daughtry and Ray Rogers (nominated by Vice Chairman House) were appointed as ETJ members to the Town of Erwin Planning/Board of Adjustments. Mitch Brigulio, Davenport and Company, presented for consider approval of a Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Approving an Installment Financing Contract and Providing for Certain Other Related Matters. It was noted this resolution would approve the installment financing contract and related documents that will permit the County to purchase the District's general obligation refunding bonds in order to refinance the Districts' existing debt and to refinance certain existing County installment payment obligations. Mr. Brigulio said this resolution is the last resolution the Board will need to take action on to complete the refinancing through the limited obligation bond issuance, approves the financing documents as well as authorizing the chaiiuian and members of staff to execute any contracts and documents need to finish and complete the transaction for issuance. Mr. Brigulio called attention to an addition to the original document which states "In addition, if the County Manager determines that it is in the County's best interests to enter into an amendment to one or both of the existing installment financing contracts." Mr. Brigulio explained Capital One, in order to keep one of the 2010 installment purchase contract loans, offered to waive the prepayment penalty associated with the transaction and also offered to lower the interest rate down to 2.4 percent. These changes would provide gross savings of a little over a million dollars which Mr. Brigulio noted would be higher savings than what is available in the public markets right now. He noted the addition to the resolution would allow the Chaiiivan and staff the ability to modify the transaction. Commissioner Hill moved to approve the Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Approving an Installment Financing Contract and Providing for Certain Other Related Matters. Vice Chairman House seconded the motion which passed unanimously. (Attachment 3) In compliance with the open meetings law, Mr. Snow requested public notice by the Board of Commissioners of the County of Harnett, North Carolina, sitting as the governing body of the South Central Water and Sewer District of Harnett County, of the Settlement of 12 CVS 00170, South Central Water and Sewer District of Harnett County v. David Cassias, and wife, Silvia R. Cassias; MERS; and American South Lending for $7,300.00. This case was resolved by consent judgment and was previously voted on by the Board in closed session. Commissioner Miller moved to give public notice of the Settlement of 12 CVS 00170, South Central Water and Sewer March 18, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 7 District of Harnett County v. David Cassias, and wife, Silvia R. Cassias; MERS; and American South Lending for $7,300.00. Commissioner Springle seconded the motion which passed unanimously. Mitch Brigulio, Davenport and Company, reviewed the Qualified School Construction Bonds (QSCBs) Sinking Fund discussion materials. Mr. Brigulio noted on November 15, 2012, the County closed on the Series 2012B Taxable Limited Obligation QSCBs. The QSCBs were sold as a "bullet" maturity with a single principal payment of $29,435000 due on 11/1/2035. In order to repay this single maturity, the County established a Sinking Fund into which the County would escrow principal payments annually. The County's deposits into the Sinking fund are scheduled to begin in FY 2017. The deposits into the Sinking Fund earn interest and are used to reduce the amount of principal repaid from annual County appropriations. The IRS limits the amount of interest that can be earned in the Sinking Fund by establishing a Permitted Sinking Fund Yield which was set when the bonds were priced. Mr. Brigulio reported in the current market there are investment opportunities approaching maximum interest rates that can be earned as the federal government will not let you earn more than 3.1 percent. Mr. Brigulio listed the following three major classes of investment options available for the investment of Sinking Funds: 1) Pooled Investment Funds (i.e. NCCMT), 2) Individual Securities (e.g. Treasury Bonds and Notes), and 3) Investment Agreements which is a contract providing for the lending of issuer funds to a financial institution, which agrees to repay the funds with interest under predetermined specifications. Mr. Brigulio recommended the following next steps: 1) Engage an Investment Advisor who can assist the County to: a) review investment options for the Sinking Funds allowable under North Carolina Law and the and the County's Bond Documents; b) evaluate the benefits and risks of the potential investment options; c) assess the market conditions, and d) advise staff through the investment process. 2) Coordinate the Working Group for the investment process. 3) Solicit proposals from investment providers active in the marketplace. 4) Negotiate terms and conditions with potential providers. 5) Execute Investment Agreement Commissioner Miller moved to allow the County Manager, Finance Officer along with counsel, to proceed on behalf of the County. Commissioner Springle seconded the motion which passed unanimously. Mr. Jeffries presented the following reports: - February 2013 Veteran Affairs Activities Report - February 2013 Planning Services Report - February 2013 Department of Public Health Activities Summary - Inter - Departmental Budget Ordinance Amendments Commissioner asked that reports be provided to them in a different foiuiat to allow for review. There was no new business. March 18, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 7 Commissioner Hill moved that the Board go into closed session (1) to discuss matters relating to the location or expansion of industries or other businesses in Harnett County; and (2) to discuss certain personnel matters. The motion was seconded by Commissioner House and passed unanimously. Commissioner Hill moved that the Board come out of closed session. Vice Chairman House seconded the motion which passed unanimously. Commissioner Miller moved to adjourn lhqAceting at 8:09 pm. Commissioner Hill seconded the motion which passed unanimous) .b'`, GOM Ji AIL urgin, Chail��i.s' Regina W ler, Clerk March 18, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 7 ATTACHMENT 1 Board ;Repot Approved by the Harnett .;o anty Board of Commissionef d Date : 03/18/2013 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Approved By : H C AoG 1 BROWN, SHIRLEY KAY BROWN, DAVID M 9 YELLOWWOOD PL CAMERON, NC, 28326 2 BULLOCK, LORIE ANN 614 LANE ROAD DUNN NC, 28334 3 CIRCOSTA, MATTHEW CIRCOSTA, ANNE MARGARET 16 EDGEMONT TER SANFORD, NC, 27332 - 6695 4 GOODMAN, JAY ROBERT 220 RIVER RIDGE DR BROADWAY NC 27505 BROADWAY NC, 27505 5 GOODMAN, JAY ROBERT 220 RIVER RIDGE DR BROADWAY NC 27505 BROADWAY NC, 27505 6 HOLLIDAY, JOHN FITZGERALD HOLLIDAY, AMMIE MAE 113 CREPE MYRTLE LANE ERWIN NC, 28339 - 0000 7 KELLEY, JAMES CALEB 21 ITHICA LN BUNNLEVEL, NC, 28323 - 9109 8 RWIYAMILIRA, MICHAEL SALIKO 121 MICRO CT BROADWAY, NC, 27505 - 8168 9 RWIYAMILIRA, MICHAEL SALIKO 121 MICRO CT BROADWAY, NC, 27505 - 8168 10 RWIYAMILIRA, MICHAEL SALIKO 121 MICRO CT BROADWAY, NC, 27505 - 8168 11 RWIYAMILIRA, MICHAEL SALIKO 121 MICRO CT BROADWAY, NC, 27505 - 8168 12 RWIYAMILIRA, MICHAEL SALIKO 121 MICRO CT BROADWAY, NC, 27505 - 8168 13 RWIYAMILIRA, MICHAEL SALIKO 121 MICRO CT BROADWAY, NC, 27505 - 8168 WM. A. TONY WILDER Revenue Administrator 0001991827- 2012- 2012- 000000 0000004912- 2011- 2011- 000000 0001582323- 2012- 2012- 000000 0001902085 -2011- 2011 - 000000 0001968094 - 2011 -2011- 000000 0000024815 -2012- 2012 - 000000 0001896334- 2011 -2011- 000000 0001688062- 2009- 2009- 000000 0001688062- 2010- 2010- 000000 0001688062 -2011- 2011 - 000000 0001753776- 2009- 2009- 000000 0001753776- 2010- 2010- 000000 0001753776 - 2011 -2011- 000000 City 0.00 County 172.26 City 0.00 County 83.74 City 0.00 County 47.95 City 0.00 County 12.54 City 0.00 County 86.69 City 0.00 County 37.32 City County City County City County City County City County City County City County 0.00 89.33 0.00 24.73 0.00 21.79 0.00 21.01 0.00 114.45 0.00 113.19 0.00 112.17 City Total County Total Total to 172.26 Refund 186.49 Refund 47.95 Refund 12.54 Refund 86.69 Refund 37.32 Refund 89.33 Refund 24.73 Refund 21.79 Refund 21.01 Refund 114.45 Refund 113.19 Refund 112.17 Refund 0.00 937.17 937.17 Military Exemption Value Decrease Military Exemption Military Exemption Military Exemption Value Decrease Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption be Refunded CC: WM. A. TONY WILDER ATTACHMENT 2 Harnett C 0 U N TY RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO DELAY HARNETT COUNTY'S REVALUATION SCHEDULE FROM JANUARY 1, 2015 TO JANUARY 1, 2017 WHEREAS, Harnett County completed and implemented its most recent reappraisal of real property on January 1, 2009, utilizing its own staff and personnel; and WHEREAS, Harnett County desires to delay the reappraisal of real property to the time required by G.S. 105 -286, to be effective January 1, 2017, and to implement subsequent reappraisals on a schedule to be determined by the Board of Commissioners in compliance with GS 105 -286; following the reappraisal January 1, 2017, and WHEREAS, the reappraisal work will be conducted by the staff of the Harnett County Tax Assessor's Office as part of its program of work each year; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Harnett County ( "Board ") that in the annual budget ordinance for fiscal year 2013 -16, the Board shall include in the special reserve fund established for the reappraisal an appropriation for Tax Administration in the amount required for reappraisal work during that fiscal year consistent with a plan established for the reappraisal of real property, as required by GS 153A -150; and BE IT FURTHER RESOLVED, that when the County budget for each succeeding fiscal year is in preparation, the Board, with the County Manager and Tax Assessor, shall review the progress of the reappraisal work, and the Board shall appropriate to the special reappraisal reserve fund such funds in for reappraisal work during that year as may be necessary to continue the reappraisal work and to assure the completion of the reappraisal work on schedule. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded promptly by the Clerk to the Board to the Department of Revenue as required by G.S. 105 -286. Adopted this 18th day of March 2013. ATTEST: HARNETT COUNTY BOARD OF C 0 MISSIONERS Marg: ret Regina eeler, Clerk strong roots • new growth WWW.harnett.org ATTACHMENT 3 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners (the "Board ") of the County of Harnett, North Carolina was duly called and held on Monday, March 18, 2013, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present: Commissioners Absent: * * * Commissioner Hill introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS, the County of Harnett, North Carolina (the "County ") is a political subdivision validly existing under the Constitution, statutes and laws of the State of North Carolina (the "State "); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina, to (1) purchase real and personal property, (2) enter into installment purchase contracts to finance the purchase or improvement of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased or improved to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County (the "Board ") has previously detem iined that it is in the best interest of the County to enter into an Installment Financing Contract dated as of April I, 2013 (the "Contract ") with the Harnett County Public Facilities Corporation (the "Corporation ") in order to (1) finance the purchase of general obligation refunding bonds (collectively, the "District Bonds ") issued by certain water and sewer districts created by the County (collectively, the "Districts ") in order to assist the Districts to achieve debt service savings with respect to the District Bonds and (2) refinance all or a portion of the County's installment payment obligations under an Installment Financing Contract dated as of January 15, 2005 and an Installment Financing Contract dated as of November 1, 2010, each between the County and Bank of America, N.A. (collectively, the "Prior Obligations "), in order to achieve debt service savings for the County with respect to the Prior Obligations; WHEREAS, to secure its obligations under the Contract, the County will (1) grant to the Corporation and its assignee under the Contract a first priority security interest in the District Bonds and (2) if the County Manager determines that it is necessary to consummate the transactions contemplated by the Contract, execute and deliver a deed of trust, security agreement and fixture filing (the "Deed of Trust ") related to the County's fee simple interest in all or a portion of the real property currently mortgaged by the County to secure the Prior Obligations, together with the improvements thereon; PPAB 2063022v3 WHEREAS, the Corporation will execute and deliver an aggregate principal amount not to exceed $43,000,000 of its Limited Obligation Bonds (County of Harnett, North Carolina), Series 2013 (the "Bonds "), evidencing proportionate undivided interests in rights to receive certain Revenues (as defined in the Contract) pursuant to the Contract; WHEREAS', in connection with the sale of the Bonds to Robert W. Baird & Co. and Merrill Lynch, Pierce, Fenner & Smith Incorporated (collectively, the "Underwriters"), the Corporation will enter into a Bond Purchase Agreement to be dated on or about April 12, 2013 (the "Purchase Agreement ") among the County, the Corporation and the Underwriters relating to the Bonds; WHEREAS, there have been described to the Board the fauns of the following documents (collectively, the "Instruments "), copies of which have been made available to the Board, which the Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment financing: (1) the Contract; (2) an Indenture of Trust dated as of April 1, 2013 (the "Indenture ") between the Corporation and U.S. Bank National Association, as trustee; (3) the Purchase Agreement; and (4) an Escrow Agreement dated as of April 1, 2013 (the "Escrow Agreement ") between the County and U.S. Bank National Association, as escrow agent. WHEREAS, to make an offering and sale of the Bonds, there will be prepared a Preliminary Official Statement with respect to the Bonds (the "Preliminary Official Statement"), a draft thereof having been presented to the Board, and a final Official Statement relating to the Preliminary Official Statement (together with the Preliminary Official Statement, the "Official Statement "), which Official Statement will contain certain information regarding the County; WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement are in an appropriate form and is an appropriate instrument for the purposes intended; WHEREAS, the Board conducted a public hearing on March 4, 2013 to receive public comment on the proposed Contract and the transactions contemplated thereby; and WHEREAS, the County has filed an application to the LGC for approval of the Contract; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Instruments. All actions of the County, the Chairman of the Board (the "Chairman "), the Clerk to the Board (the "Clerk "), the County Manager, the Finance Officer, the Deputy Finance Officer, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed financing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Authorization of the Official Statement. The form, terms and content of the Preliminary Official Statement are in all respects authorized, approved and confirmed, and the use of the Preliminary Official Statement and of the final Official Statement by the Underwriters in connection with the sale of the Bonds is hereby in all respects authorized, approved and confirmed. The Chairman, the 2 PPAB 2063022v3 County Manager, the Finance Officer and the Deputy Finance Officer are each hereby authorized and directed, individually and collectively, to deliver, on behalf of the County, the Official Statement in substantially such form, with such changes, insertions and omissions as each may approve. Section 3. Authorization to Execute the Contract. The County approves the financing of the District Bonds and the refinancing of the Prior Obligations in accordance with the tennis of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its terms. The form and content of the Contract are hereby in all respects authorized, approved and confirmed, and the Chairman, the Clerk and the County Manager and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Contract, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Contract presented to the Board. From and after the execution and delivery of the Contract, the Chairman, the Clerk, the County Manager, the Finance Officer and the Deputy Finance Officer are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Contract as executed. Section 4. Authorization to Execute the Escrow Agreement and Purchase Agreement. The County approves the form and content of the Escrow Agreement and the Purchase Agreement (collectively, the "County Agreements "), and each of the County Agreements is in all respects authorized, approved and confirmed. The Chairman, the Clerk and the County Manager and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver each County Agreement, including necessary counterparts, in substantially the form and content of such County Agreement presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of each such County Agreement presented to the Board. From and after the execution and delivery of each County Agreement, the Chairman, the Clerk, the County Manager, the Finance Officer and the Deputy Finance Officer are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of each such County Agreement as executed. Section 5. Purchase of District Bonds. The County is hereby authorized and directed to purchase the District Bonds and to pledge and assign the District Bonds as set forth in the Instruments. The County representatives (as more particularly described in Section 6 below) are hereby authorized, empowered and directed, individually and collectively, to enter into a District Bond Purchase Agreement with each District in substantially the form previously approved by the Board in its capacity as the governing body of each such District. Section 6. County Representative. The Chairman, the County Manager, the Finance Officer and the Deputy Finance Officer are hereby designated as the County's Representative to act on behalf of the County in connection with the transactions contemplated by the Instruments and the Preliminary Official Statement, and the Chairman, the County Manager, the Finance Officer and the Deputy Finance Officer are authorized, individually and collectively, to proceed with the transactions contemplated by the Contract in accordance with the Instruments and to seek opinions as a matter of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated by this Resolution as required by law. The County's representatives or designees are in all respects authorized on behalf of the County to supply all 3 PPAB 2063022v3 information pertaining to the County for use in the Official Statement and the transactions contemplated by the Instruments or the Preliminary Official Statement. The County's representatives or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do any and all other acts and to execute any and all other documents which they, in their discretion, deem necessary or appropriate to consummate the transactions contemplated by the Instruments or the Preliminary Official Statement or as they deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution. Without limiting the foregoing, if the County Manager determines that it is necessary for the County to execute and deliver the Deed of Trust to consummate the transactions contemplated by the Contract, then the Chairman or County Manager and the Clerk to the Board are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Deed of Trust in substantially the form of such document traditionally executed and delivered by the County to secure obligations similar to the Contract, which Deed of Trust shall encumber all or such portion of the real property currently mortgaged by the County to secure the Prior Obligations, together with the improvements thereon, as may be required by the entity or its assigns providing funds to the County under the Contract. In addition, if the County Manager determines that it is in the County's best interests to enter into an amendment to one or both of the existing installment financing contracts with respect to the Prior Obligations in order to reduce the interest rate with respect to such Prior Obligations, rather than refinancing such Prior Obligations with proceeds of the Contract, then the Chairman or County Manager and the Clerk to the Board are hereby authorized, empowered and directed, individually and collectively, to execute and deliver all documents necessary to effect such rate modification in form and content acceptable to them and the County Attorney, in consultation with the County's bond counsel. Section 7. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 8. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith are hereby repealed. Section 9. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner Hill, seconded by Vice Chairman House, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was duly adopted by the following vote: AYES: 5 NAYS: 0 4 PPAB 2063022v3 STATE OF NORTH CAROLINA Ss: COUNTY OF HARNETT I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a regular meeting held on the 18`h day of March, 2013. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 18`h day of March, 2013. PPAB 2063022v3 NO al MARGA ET REGINA ' HEELER Clerk : the Board County of Harnett, North Carolina